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HomeMy WebLinkAboutPDS-12-037 - Variance at 1272 Nettles Blvd. Lot 1272NPDS ORDER 12-037 AN ORDER GRANTING APPROVAL OF AN ADMINISTRATIVE VARIANCE FOR CERTAIN PROPERTY LOCATED AT 1272 NETTLES BLVD, LOT 1272N, NETTLES ISLAND, INC., IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Planning and Development Services Director has reviewed the application for an administrative variance including but not limited to the staff report and made the following determinations: Petition of Norman R. Jackson and Frances D. Jackson for an administrative variance from the provisions of Section 10.01.14 Administrative Variance for Required Yard Setback Standards of the St. Lucie County Land Development Code to allow for the construction of a handicap lift and supporting steps to encroach a maximum of four feet into the side yard setback of eight feet located at 1272 Nettles Blvd, lot 1272N in the HIRD (Hutchinson Island Residential District) Zoning. 2. The Zoning Division has reviewed and commented on the proposed administrative variance request and found it to meet technical requirements of the St. Lucie County Land Development Code. 3. After consideration of the exhibit, including staff comments and the standard of review for granting administrative variances set forth in Section 10.01.14, St. Lucie County Land Development Code, the Planning and Development Services Director has made the following determinations: The requested administrative variance has met the standards of review as set forth in Section 10.01.04 (2) a-g, St. Lucie County Land Development Code as stated below and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. A. Demonstration that the Recreational Vehicle Park was in legal existence upon the effective date of this Ordinance (Ordinance No. 94-007). o ~ ~ ` m~rDO n m-N ~ ~ ~ ~ ~ 8. Demonstration that the existing structure(s) on the adjacent properties have been N ~ m n constructed without, or in violation or, prior permit approvals and that these violations L~AQ, m N N~~ (7 have been granted conforming status consistent with Section 1.10.16 (Q)(2) of this ~ n N O ~ °omAC2 code. ~o~C7 N ~ m N C. Demonstration that the placement of the proposed structure will meet the intent of all ' ~ separation standards as required for all Recreational Vehicle Parks, Mobile Home ~' ° Parks, any other applicable provision of this code, or the Florida Building Code, fire ~ m codes(s) and that the requested variance is the minimum necessary to locate the proposed dwelling unit of the property. o ~ o ~ D. The literal application of the provisions of Section 7.10.16(Q) will result in an undue hardship on the property owners and would otherwise prohibit the use of the ~ petitioned property as others are used in the surrounding neighborhood. E. The variance requested will not result in any encroachment into any access/utility easement or other common area. Page 1 of 3 F. The variance requested does not result in an encroachment of any more than fifty percent (50%) into any required yard setback area. G. The variance requested will not conflict with any other provisions of this code. NOW, THEREFORE, BE IT RESOLVED by the Planning & Development Services Department of St. Lucie County, Florida: A. Petition of Norman R. Jackson and Frances D. Jackson for an administrative variance from the provisions of Section10.01.14 Administrative Variance for Required Yard Setback Standards of the St. Lucie County Land Development Code to allow for the construction of a handicap lift to encroach a maximum of four feet into the side yard setback of eight feet located at 1272 Nettles Blvd, Lot 1272, Nettles Island, Inc., in the HIRD (Hutchinson Island Residential District) Zoning, for the property depicted on the attached map as Exhibit "A" and described as follows: LEGAL DESCRIPTION: NETTLES ISLAND INC, ACONDO-SECTION II PARCEL 1272N AND PRO-RATA SHARE IN COMMON ELEMENTS Property Tax ID# 4502-501-1459-000/0 B. Based on the evidence presented, this administrative variance request is approved. This Order shall be recorded in the Public Records of St. Lucie County. ORDER Effective November 21, 2012 PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA L~~Cito Mark Satteree, AICP APPROVED AS TO FORM AND CORRECTNESS: Assistant County Attorney Page 2 of 3 PDS order 12-037 Norman & Frances Jackson ,, :~ ~~.- Exhibit A .. HIRD Indian River ,_ t: ~;: ~_. Subject property Indian River ,~ N 3 Zoning ~~~~,~~ ~, HIRD -Hutchinson Island Residential District Map prepared November 5, 2012